RAVIKANT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner under Article 226 of the Constitution of India inter alia praying that a direction be issued to the Respondents not to treat the Petitioner disqualified in view of the provisions of Section 24(iii) of the Rajasthan Municipalities Act and not to reject his nomination form in the scheduled election in the month of August, 2010.

(2.) It is stated in the writ petition that on 12.6.2000 a complaint was filed by one Ramgopal Mishra toe the District Collector against the Petitioner. On the basis of the said complaint, an FIR was lodged against the Petitioner. After investigation the police filled challan against him and criminal case came to be lodged against the Petitioner. On 26th August 2003 cognizance was taken by the concerned Magistrate against the Petitioner and on December 10, 2007 charges were framed against the Petitioner. The criminal proceedings are still pending against the Petitioner. It is further stated in the writ petition that the Petitioner contested the election first time in the year 1995 for Ward member for Ward No. 19 of Municipal Board, Ghirawa and he won in the said selection and serve the residents. It is also stated that the Executive Officer, Municipal Board Chirawa with malafide intention made written report on 21.1.2009 resulted into lodging of FIR bearing No. 57/1999. The Petitioner made victim in the said case and even he remained behind bar but after trial ultimately he was discharged vide judgment dated 25.2.2010. The Petitioner stated in the writ petition that only criminal proceedings are pending against him and hence the Respondents may be directed not to treat the Petitioner disqualified under the said provisions of the Section 24(iii) of the Act of 2009 and not to reject his nomination.

(3.) I have heard the learned Counsel for the Petitioner. The election process has already started and the criminal case is pending, this Court under Article 226 of the Constitution of India cannot interfere in the election process and direct the Respondents not to treat the Petitioner disqualified under Section 24(iii) of the Act of 2009. The writ petition being devoid of merit stands rejected. No costs. The stay application also stands disposed of.